divorce or a separation can be complicated if there are properties involved.
Most often, spouses spend so much time, effort and resources just to settle property issues. Whatever will be their respective reactions, it is always the decision of the Family Court based on the laws, which will prevail.
In property settlement case, there is always a misconception that when couples will apply for a divorce, the property settlement issues are also included. It is a wrong concept because the spouses should file a separate case for the settlement of their conjugal properties.
The divorce petitioners should also know that they are given by the court a time limit of 12 months from the date of finality of your divorce to finalize your property settlement.
There are steps in property settlement proceedings. First, the spouses will have to declare all their properties. This includes all their assets acquired before, during and even after the marriage.
Next step, the court assesses the contributions of the two parties to their former marriage or a de factor relationship. This assessment includes proprietary rights, which means financial or non-financial contributions of each spouse to their former marriage. This means that the assessment includes the rights of a plain homemaker, as provided for under Section 79 of the Family Law Act.
Then on the third step, which is considered the most important is on the consideration of the court under Section 75 (2) of the Family Law Act which includes the assessment on the physical and mental capacities of the parties to obtain employment and to make necessary arrangements for their minor children, or other people who are affected by their break-up or divorce.
After all the discussions, the court will decide whether the property settlement is just and equitable to both parties.
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Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.